Published: December 01, 2006 12:24 am         

Judge denies motion for mistrial

By Deb McKee — An alternate juror was dismissed during the third day of testimony in the Kevin Hampton trial for mentioning to other jurors that he heard the defendant also faces murder charges in two other cases.

The defense moved for a mistrial, which was denied.

Afternoon testimony was on hold Thursday as Vigo County Superior Court Division 3 Judge David Bolk interviewed each juror individually in judge’s chambers, with the defendant and attorneys present. After three hours of interviews under oath, jurors were returned to the jury room, except for alternate juror No. 2, who was dismissed.

During a brief hearing outside the presence of the jury, in the main courtroom, defense attorney Dan Weber moved for the proceeding to be declared a mistrial.

“It is so difficult to tell after that information reaches [the jury], whether that affects the way they think about the defendant,” Weber said. “It’s like Pandora’s Box, it can’t be placed back.

“We have two alternatives – to start over … or trudge ahead and hope that jurors are correctly predicting their own behavior,” Weber said.

For the prosecution, attorney Brad Bough stated that jurors told the judge under oath they could still fairly consider the evidence despite the rumor they heard.

Hampton does face trial in early 2007 for the slayings of Tanette Dickison and Cassie Harris, but that information is not admissible during the trial for the killing of Dianna Lehman because criminal charges are unproven accusations only.

Bough said the court should not assume jurors will believe what they heard is true.

Bolk, in denying the defense motion, said the particular juror who made the comment was known to be quite talkative and said it seemed most of the jury did not pay particular attention to what he said.

Four members of the regular jury told the judge they had heard the comment. Seven reported not having heard the comment or not understanding it. At least one juror told the judge she heard something, but did not know much about it, according to Weber.

“At the very minimum, one-third of the jury can recall specifically hearing the juror say someone told him, or he’d heard, there were two other cases, two other murders,” Weber added.

The remaining jurors were thanked for their patience and forthrightness in coming to the bailiff about the incident. Bolk firmly reminded them of their duties before adjourning.

The Hampton trial continues today.

Deb McKee can be reached at (812) 231-4254 or deb.mckee@tribstar.com.